By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-47 of 2011 registered with Bakor Police Station, for the offence punishable under Sections 302, 34 and 120B of the Indian Penal Code and Sec.135 of B.P.Act.
Heard learned counsel, Mr.Vijay Patel for M/s HL Patel Advocates, for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
Mr.Vijay Patel, learned counsel for the applicant, has contended that name of any of the accused was disclosed in the FIR and subsequently it was during the course of investigation based on the statement of co-accused, present applicant was arrested. It is also submitted that there is no recovery or discovery. It is also submitted that other co-accused who played similar role was released on bail by this Court vide order dated 15-2-2012 passed in Cri.Misc.Appln.No. 526 of 2012 and hence, when the charge sheet is filed, looking to the facts of the case and overall circumstances, applicant may kindly be released on bail on parity.
In the facts and circumstances of the case and considering the facts that name of the applicant was not disclosed in the FIR, applicant was arrested based on the statement of co-accused, there is neither recovery nor discovery from the applicant and now the charge-sheet is filed coupled with the fact similarly situated co-accused has been released on bail by this Court, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-47 of 2011 registered with Bakor Police Station, for the offence alleged against him in this application on his executing a bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall -
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
[M.D.SHAH,J.] radhan Top